Features
No Substantial Similarity in Photo Used in TV Movie
The U.S. Court of Appeals for the First Circuit ruled that two television production companies didn't violate a photographer's copyright when they used an image they created that was similar to his photo ' depicting an imposter, who called himself Clark Rockefeller, and his daughter ' in a made-for-TV movie.
Features
7th Circuit Backs Use of Fan Footage in Joan Rivers Film
The U.S. Court of Appeals for the Seventh Circuit affirmed dismissal of a suit by a fan whose 16-second backstage discussion with the comedienne Joan Rivers was included in the documentary <i>Joan Rivers: A Piece of Work</i>.
IFA CEO Speaks About Legislative, Regulatory Challenges
Speaking on Jan. 16 in Chevy Chase, MD, Stephen J. Caldeira, president and CEO of the International Franchise Association, laid out IFA's legislative priorities for 2013, assessed IFA's impact on policy issues, and discussed business trends that are affecting the industry.
Features
Valuing a Celebrity's Right of Publicity
Unlike patent, trademark and copyright law, rights of publicity are governed by a patchwork of state statutes and common-law decisions, rather than by a single federal statute. And unlike trade secret law, rights of publicity are not subject to a uniform state law adopted in the vast majority of states. But as with valuing other intellectual property assets, right of publicity (ROP) valuations need to consider the unique characteristics of the subject asset and the context of the valuation.
Features
Decisions of Interest
In-depth analysis of recent key cases.
Features
Maintenance: How Long Is Too Long?
The most important factor to consider when guessing at the ultimate award is this: Which judge will get the case?
FTC Green Guides Have Marketing Impact
The latest Green Guides present a road map for franchisors and franchisees to make environmental claims that might be highly appealing to customers, while not running afoul of regulations about deceptive or unfair advertising found in Section 5 of the FTC Act.
Features
Awuah v. Coverall: What, If Anything, Does the Dicta Mean for State Regulators?
What exactly can a state regulator do with respect to arbitration clauses in franchise agreements? The answer appears to be, "The regulator cannot do much."
Features
Lawyers at Parent Psychiatric Evaluations
When parents involved in custody proceedings are ordered to undergo a psychiatric evaluation, are they entitled to have their attorneys present during these interviews? A look at a recent case.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of SaleExplaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.Read More ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›